Gateshead Council Local Council Tax Support Scheme 2024/25

109

Except for paragraph 112 (backdating), which applies to persons who are pensioners only, paragraphs 110 to 115 apply to persons who are pensioners and persons who are not pensioners.

110 Making an application

(1) In the case of -
(a) a couple or members of a polygamous marriage an application shall be made by whichever one of them they agree should so apply or, in default of agreement, by such one of them as the authority
determines.
(b) in the case of members of a polygamous marriage who have an award of Universal Credit, an application is made by whichever one of the parties to the earliest marriage that still subsists they agree should apply or, if there is no agreement, whichever the authority determines

(2) Where a person who is liable to pay Council Tax in respect of a dwelling is unable for the time being to act, and—
(a) a deputy has been appointed by the Court of Protection with power to apply, or as the case may be, receive benefit on his behalf; or
(b) in Scotland, his estate is being administered by a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to apply or, as the case may be,
receive benefit on his behalf; or

(c) an attorney with a general power or a power to apply or, as the case may be, receive benefit, has been appointed by that person under the Powers of Attorney Act 1971, the Enduring Powers of Attorney Act 1985 or the Mental Capacity Act 2005 or otherwise, that deputy, judicial factor, guardian or attorney, as the case may be, may make an application on behalf of that person.

(3) Where a person who is liable to pay Council Tax in respect of a dwelling is unable for the time being to act and sub-paragraph (2) does not apply to him, an authority may, upon written application made to them by a person who, if a natural person, is over the age of 18, appoint that person to exercise on behalf of the person who is unable to act, any right to which that person might be entitled under the authority's scheme and to receive and deal on his behalf with any sums payable to him.

(4) Where the person who is liable to pay Council Tax in respect of a dwelling is for the time being unable to act and the Secretary of State has appointed a person to act on his behalf under regulation 33 of the Social Security (Claims and Payments) Regulations 1987 (persons unable to act), the authority may if that person agrees, treat him as if he had been appointed by them under paragraph (3),

(5) Where the authority has made an appointment under sub-paragraph (3) or treated a person as an appointee under sub-paragraph (4)—
(a) it may at any time revoke the appointment;
(b) the person appointed may resign his office after having given 4 weeks' notice in writing to the authority of his intention to do so;
(c) any such appointment shall terminate when the authority is notified of the appointment of a person mentioned in sub-paragraph (2).

(6) Anything required by an authority's scheme to be done by or to any person who is for the time being unable to act may be done by or to the persons mentioned in subparagraph (2) above or by or to the person appointed or treated as appointed under this paragraph and the receipt of any such person so appointed shall be a good discharge to the authority for any sum paid.

(7) The authority must -
(a) inform any person making an application of the duty imposed by paragraph (115)(1)(a);
(b) explain the possible consequences (including prosecution) of failing to comply with that duty; and
(c) set out the circumstances in which a change might affect entitlement to the reduction or its amount.

111 Date on which an application is made

(1) Subject to sub-paragraph (7), the date on which an application is made is—
(a) in a case where -
(i) an award of state pension credit which comprises a guarantee credit has been made to the applicant or his partner, and
(ii) the application is made within one month of the date on which the claim for that state pension credit which comprises a guarantee credit was received at the appropriate DWP office, the first day of entitlement to state pension credit which comprises a guarantee credit arising from that claim;
(b) in a case where -
(i) an applicant or his partner is a person in receipt of a guarantee credit, and
(ii) he becomes liable for the first time to pay Council Tax in respect of the dwelling he occupies as his home, and
(iii) the application to the authority is received within one month of the date of the change, the date on which the change takes place;
(c) in a case where -
(i) an award of income support, an income-based jobseeker's allowance or an income-related employment and support allowance or an award of Universal Credit has been made to the applicant or his partner, and
(ii) the application is made within one month of the date on which the claim for that income support, jobseeker's allowance, employment and support allowance was received. In the case of a Universal Credit claimant, the application is made within 6 weeks of the date on which the claim for that Universal Credit was received. the first day of entitlement to income support, an income-based jobseeker's allowance, an income-related employment and support allowance or Universal Credit arising from that claim;
(d) in a case where -
(i) an applicant or his partner is a person on income support, an income-based jobseeker's allowance or an income-related employment and support allowance or has an award of Universal Credit,
(ii) the applicant becomes liable for the first time to pay Council Tax in respect of the dwelling which he occupies as his home, and
(iii) the application is received at the authority's offices within one month of the date of the change, the date on which the change takes place;
(e) in a case where -
(i) the applicant is the former partner of a person who was, at the date of his death or their separation, entitled to a reduction under an authority's scheme, and
(ii) where the applicant makes an application for a reduction under that scheme within one month of the date of the death or the separation, that date;
(f) except where paragraph (a), (b) or (e) is satisfied, in a case where a properly completed application is received within one month (or such longer period as the authority considers reasonable) of the date on which an application form was issued to the applicant following the applicant first notifying, by whatever means an authority of an intention to make an application, the date of first notification;
(g) where the authority is treating as an application for a reduction under this scheme, an application made at an appropriate DWP office for income support, jobseekers allowance, employment and support allowance or Universal Credit, which has been forwarded to the council, the date on which the person first contacted the appropriate DWP office, as long as the application for one of the benefits referred to within this paragraph was received within a month of that date.
(h) in any other case, the date on which the application is received at the offices of the authority.

(2) For the purposes only of sub-paragraph (1)(a) a person who has been awarded an income-based jobseeker's allowance or an income-related employment and support allowance will be treated as entitled to that allowance for any days which immediately precede the first day in that award and on which he would, but for regulations made under—
(a) in the case of income-based jobseeker's allowance, paragraph 4 of Schedule 1 to the Jobseekers Act 1995 (waiting days); or
(b) in the case of income-related employment and support allowance, paragraph 2 of Schedule 2 to the Welfare Reform Act 2007 (waiting days), have been entitled to that allowance.

(3) Where a claim is treated as defective when applying by phone and—
(a) is corrected within one month (or such longer period as the authority considers reasonable) of the date the authority last drew attention to it the authority will treat the application as if it had been duly made in the first instance;
(b) is not corrected within one month (or such longer period as the authority considers reasonable) of the date the authority last drew attention to it, the authority will treat the application as if it had been
duly made in the first instance where it considers it has sufficient information to decide on the application.

(4) An authority must treat a defective application as if it had been validly made in the first instance if, in any particular case, the conditions specified in sub-paragraph (5)(a), (b) or (c) are satisfied.

(5) The conditions are that—
(a) where paragraph 4(a) of Schedule 1 (incomplete form) applies, the authority receives at its designated office the properly completed application or the information requested to complete it or the evidence within one month of the request, or such longer period as the authority may consider reasonable; or
(b) where paragraph 4(b) of Schedule 1 (application not on approved form or further information requested by authority) applies—
(i) the approved form sent to the applicant is received at the designated office properly completed within one month of it having been sent to him; or, as the case may be,
(ii) the applicant supplies whatever information or evidence was requested under paragraph 4 of that Schedule within one month of the request, or, in either case, within such longer period
as the authority may consider reasonable; or
(c) where the authority has requested further information, the authority receives at its offices the properly completed application or the information requested to complete it within one month of the request or within such longer period as the authority considers reasonable.

(6) Except in the case of an application made by a person treated as not being in Great Britain, where a person has not become liable for Council Tax to an authority but it is anticipated that he will become so liable within the period of 8 weeks (the relevant period), he may apply for a reduction under that authority's scheme at any time in that period in respect of that tax and, provided that liability arises within the relevant period, the authority will treat the application as having been made on the day on which the liability for the tax arises.

(7) Except in the case of an application made by a person treated as not being in Great Britain, where the applicant is not entitled to a reduction under an authority's scheme in the reduction week immediately following the date of his application but the authority is of the opinion that unless there is a change of circumstances he will be entitled to a reduction under its scheme for a period beginning not later than -
(a) in the case of an application made by -
(i) a pensioner, or
(ii) a person who has attained, or whose partner has attained, the qualifying age for state pension credit, the seventeenth reduction week following the date on which the application is made, or
(b) in the case of an application made by a person who is not a pensioner, the thirteenth reduction week following the date on which the application is made,
The authority may treat the application as made on a date in the reduction week immediately preceding the first reduction week of that period of entitlement and award a reduction accordingly.

(8) In this paragraph "appropriate DWP office" means an office of the Department for Work and Pension dealing with state pension credit or an office which is normally open to the public for the receipt of claims for income support, a jobseekers allowance, or an employment and support allowance.

112 Back-dating of applications: pensioners and persons who are not pensioners

112A.

(1) Subject to sub-paragraph (2), the time for the making of an application under the scheme for a pensioner is as regards any day on which, apart from satisfying the condition of making an application, the
applicant is entitled to such a reduction, that day and the period of three months immediately following it.

(2) In any case where paragraph 111 (1) (a) applies, sub-paragraph (1) does not entitle a person to apply for a reduction under an authority's scheme in respect of any day earlier than 3 months before the date on which the claim for state pension credit is made (or treated as made by virtue of any provision of the Social Security (Claims and Payments) Regulations 1987).

112B: Persons who are not pensioners

(1) Where an applicant who is a person who is not a pensioner—
(a) makes an application under this scheme which includes (or which he subsequently requests should include) a period before the application is made; and
(b) from a day in that period, up to the date he made the application (or subsequently requested that the application should include a past period), the applicant had continuous good cause for failing to make an application (or request that the application should include that period), the application is to be treated as made on the date determined in accordance with sub-paragraph (2).

(2) That date is the latest of—
(a) the first day from which the applicant had continuous good cause;
(b) the day 1 month before the date the application was made;
(c) the day 1 month before the date when the applicant requested that the application should include a past period.

113 Information and evidence

(1) Subject to sub-paragraph (3), a person who makes an application for a reduction under this scheme must satisfy sub-paragraph (2), in relation to both himself and to any other person in respect of whom he is making the application.

(2) This sub-paragraph is satisfied in relation to a person if -
(a) the application is accompanied by -
(i) a statement of the person's national insurance number and information or evidence establishing that that number has been allocated to the person; or
(ii) information or evidence enabling the authority to ascertain the national insurance number that has been allocated to the person; or
(b) the person has made an application for a national insurance number to be so allocated to him and the application for the reduction is accompanied by
(i) evidence of the application for a national insurance number to be so allocated: and
(ii) the information or evidence to enable it to be so allocated.

(3) Sub - paragraph (2) does not apply -
(a) in the case of a child or young person in respect of whom an application for a reduction is made;
(b) to a person who -
(i) is treated as not being in Great Britain for the purpose of this scheme;
(ii) is subject to immigration control within the meaning of section 115 (909a) of the Immigration and Asylum Act 1999; and
(iii) has not previously been allocated a national insurance number.

(4) Subject to sub-paragraph (5), a person who makes an application, or a person to whom a reduction under an authority's scheme has been awarded, must furnish such certificates, documents, information and evidence in connection with the application or the award, or any question arising out of the application or the award, as may reasonably be required by the authority in order to determine that person's entitlement to, or continuing entitlement to a reduction under its scheme and shall do so within one month of the authority requiring him to do so or such longer period as the authority may consider reasonable.

(5) Nothing in this paragraph requires a person who is a pensioner to furnish any certificates, documents, information or evidence relating to a payment to which sub-paragraph (7) applies.

(6) Where the authority makes a request under sub-paragraph (4), it must—
(a) inform the applicant or the person to whom a reduction under its scheme has been awarded of his duty under paragraph 115 (duty to notify change of circumstances) to notify the authority of any change
of circumstances; and
(b) without prejudice to the extent of the duty owed under paragraph 9, indicate to him either orally or by notice or by reference to some other document available to him on application and without charge,
the kind of change of circumstances which is to be notified.

(7) This sub-paragraph applies to any of the following payments—
(a) a payment which is -
(i) disregarded under paragraph 28 of Schedule 8 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners) or paragraph 38 of Schedule 10 (capital disregards: persons who are not pensioners); or
(ii) made under or by the Trusts, the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation, the London Emergencies Trust, the We Love Manchester Emergency Fund, the Grenfell Tower charitable funds, the Grenfell Tower Residents' Discretionary Fund, the Windrush Compensation Scheme, or the London Bombings Relief Charitable Fund;
(aa) a Grenfell Tower support payment;
(ab) any the Victims of Overseas Terrorism Compensation Scheme payment.
(ac) any Post Office compensation payment;
(ad) any vaccine damage payment;
(ae) any payment out of the estate of a person to that person's son, daughter, step-son or stepdaughter, which derives from a payment to meet the recommendation of the Infected Blood Inquiry in its interim report published on 29th July 2022(a) made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme.
(b) a payment which is disregarded under paragraph 16 of Schedule 9 (payments made under certain trusts and certain other payments), other than a payment under the Independent Living Fund (2006);
(c) a payment which is disregarded under paragraph 30 (9)(b) or (c) of this scheme (non-dependant deductions: payment made under certain trusts etc.) or paragraph (2)(b) or (c) of Schedule 4 (payments
under certain trusts etc)

(8) Where an applicant or a person to whom a reduction under this scheme has been awarded or any partner has attained the qualifying age for state pension credit and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, he must where the authority so requires furnish the following information—
(a) the name and address of the pension fund holder;
(b) such other information including any reference or policy number as is needed to enable the personal pension scheme to be identified.

114 Amendment and withdrawal of application

(1) A person who has made an application may amend it at any time before a decision has been made on it by a notice in writing delivered or sent to the designated office.
(2) Where the application was made by telephone in accordance with Part 1 of Schedule 1 the amendment may also be made by telephone.
(3) Any application amended in accordance with sub-paragraph (1) or (2) is to be treated as if it had been amended in the first instance.
(4) A person who has made an application may withdraw it by notice to the designated office at any time before a decision has been made on it.
(5) Where the application was made by telephone in accordance with Part 1 of Schedule 1, the withdrawal may also be made by telephone.
(6) Any notice of withdrawal given in accordance with sub-paragraph (4) or (5) has effect when it is received.
(7) Where a person, by telephone, amends or withdraws an application the person must (if required to do so by the authority) confirm the amendment or withdrawal by a notice in writing delivered or sent to the designated office.

115 Duty to notify changes of circumstances

(1) Subject to sub-paragraphs (3) and (9), the applicant (or any person acting on his behalf) must comply with sub-paragraph (2) if there is a relevant change of circumstances at any time—
(a) between the making of an application and a decision being made on it, or
(b) after the decision is made (where the decision is that the applicant is entitled to a reduction under this scheme) including at any time while the applicant is in receipt of such a reduction.

(2) The applicant (or any person acting on his behalf) must notify any change of circumstances which the applicant (or that person) might reasonably be expected to know might affect his entitlement to, or the amount of, a reduction under this scheme (a "relevant change of circumstances") by giving notice to the authority—
(a) in writing; or
(b) by telephone—
(i) where the authority has published a telephone number for that purpose or for the purposes of Part 1 of Schedule 1 unless the authority determines that in any particular case or class of case notification may not be given by telephone; or
(ii) in any case or class of case where the authority determines that notice may be given by telephone; or
(c) by e-mail; or
(d) by any other means which the authority agrees to accept in any particular case, within a period of 21 days beginning with the day on which the change occurs, or as soon as reasonably practicable after the change occurs, whichever is later.

(3) The duty imposed on a person by sub-paragraph (1) does not extend to notifying—
(a) changes in the amount of Council Tax payable to the authority;
(b) changes in the age of the applicant or that of any member of his family;
(c) in the case of an applicant in receipt of a relevant benefit, changes in circumstances which affect the amount of the benefit but not the amount of the reduction under this scheme to which he is entitled, other than the cessation of that entitlement to the benefit.

(4) For the purposes of sub-paragraph (3)(c) "relevant benefit" means income support, an income-based jobseeker's allowance or an income-related employment and support allowance or Universal Credit.

(5) Notwithstanding sub-paragraph (3) (b) or (c) an applicant is required by sub-paragraph (1) to notify the authority of any change in the composition of his family arising from the fact that a person who was a member of his family is now no longer such a person because he has ceased to be a child or young person.

(6) The duty imposed on a person by sub-paragraph (1) includes in the case of a person falling within class C (pensioners: alternative maximum Council Tax reduction) giving written notice to the authority of changes which occur in the number of adults in the dwelling or in their total gross incomes and, where any such adult ceases to be in receipt of state pension credit, the date when this occurs;

(7) A person who has been awarded a reduction under this scheme who is also on state pension credit must report—
(a) changes affecting the residence or income of any non-dependant normally residing with the applicant or with whom the applicant normally resides;
(b) any absence from the dwelling which exceeds or is likely to exceed 13 weeks or where the absence is from Great Britain, which exceeds or is likely to exceed 4 weeks.

(8) In addition to the changes required to be reported under sub-paragraph (7), a person whose state pension credit comprises only the savings credit must also report—
(a) changes affecting a child living with him which may result in a change in the amount of reduction under this scheme allowed in his case, but not changes in the age of the child;
(b) any change in the amount of the applicant's capital to be taken into account which does or may take the amount of his capital to more than £16,000;
(c) any change in the income or capital of—
(i) a non-dependant whose income and capital are treated as belonging to the applicant in accordance with paragraph 36 (circumstances in which income of a non-dependant is to be treated as applicant's); or
(ii) a person to whom paragraph 38(2)(e) (partner treated as member of the household under paragraph (8)) refers, and whether such a person or, as the case may be, non-dependant stops living or begins or resumes living with the applicant.

(9) A person who is entitled to a reduction under this scheme and on state pension credit need only report to the authority the changes specified in sub-paragraphs (7) and (8).